9. Payment of gratuity benefit and to whom payable.
- Gratuity shall be payable to an employee on the termination of his employment on superannuation, retirement or resignation after he [or death or disablement due to accident or disease as the case may be] [Inserted by Assam Act No. 32 of 2017, dated 19.7.2017.] has rendered continue services of not less than five years:Provided that completion of five years service shall not be necessary where termination of employment is due to death and disablement. In case of termination of employment due to death, gratuity shall be paid to the nominee and in absence of nominee, to the legal heir.[Explanation:- For the purposes of this section disablement means such disablement as incapacitated an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.] [Inserted by Assam Act No. 32 of 2017, dated 19.7.2017.]
